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(영문) 광주지방법원 해남지원 2015.06.04 2015고단118
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 27, 2015, the Defendant driven B QM5 car under the influence of alcohol content 0.147% without obtaining a driver’s license on a section 100 meters away from the Do preceding the Seoul Do to the front of an international reading center located in the Seoul Dondo-Eup, Dondo-Eup.

2. At around 10:50 on March 3, 2015, the Defendant driven a CMo5 tons stable truck without obtaining a driver’s license from the Do in front of the Do in the same Eup/Myeon/Eup/Myeon to the front road in front of the Do in the front of the Dondo Do in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a de facto driver (after appraisal of the concentration of blood alcohol);

1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that choose the penalty, and Articles 152 (1) and 43 of the Road Traffic Act that grant a license for driving without obtaining a license, and choice of imprisonment;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Road Traffic Act on February 27, 2015 and a violation of the Road Traffic Act (a without a license) and a violation of the Road Traffic Act (a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (a person shall be placed in a lump sum taking into account the fact that he/she has continuously been engaged in driving without a license even after he/she was found to have been found to have been sentenced to imprisonment without labor or heavier punishment for the same crime)

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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